Affidavit of Affixture what does that really mean in layman terms? Is it a good thing?
I am refiancing and they want one. Thanks

Is this for a mobile home??


Affidavit of affixture

A. A person who owns a mobile home that is permanently affixed to real property may file an affidavit of affixture with the county recorder of the county in which the real property is located.

B. An affidavit of affixture shall contain all of the following:

1. The vehicle identification numbers of the mobile home.

2. The legal description of the real property to which the mobile home has been affixed.

3. A statement that the mobile home has not previously been assessed and taxed in this state as personal property or the name and address of the person to whom the last tax statement for the mobile home was sent and the location of the mobile home when it was last taxed.

4. The name of the holder of any security interests in the mobile home that are not terminated by consent of the secured party contained on the affidavit of affixture pursuant to subsection C of this section and the original principal amount secured by the security interest.

5. As an attachment, the department of transportation's receipt issued pursuant to section 28-2063, subsection A, paragraph 3.

C. The recording of an affidavit of affixture does not impair the rights of any holder of a perfected security interest in the mobile home unless the affidavit of affixture contains the acknowledged consent of the secured party to the termination of the security interest. If a secured party so consents, that security interest terminates when the affidavit of affixture is recorded.

D. If an affidavit of affixture is submitted for recording on a mobile home entering this state for sale or installation, a certificate of compliance or waiver issued by the office of manufactured housing is required and shall be submitted with the affidavit of affixture.

From what I can tell from a web search it appears to refer to making a mobile home part of the real property. In other words tying the mobile home to the lot its on. I think it means neither the lot nor the mobile home can be sold separately.

I suspect the bank wants it so they have the value of the home as well as the lot to secure the loan.

Whether it's a good thing or not depends on your point of view. If you think you might want to sell the home and then put a new one on the lot, then its not a good thing. However, depending on the amount of the loan, it could be a deal breaker. The lender may cancel the loan without it.

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Originally Posted by pwest

Affidavit of Affixture what does that really mean in layman terms? Is it a good thing?
I am refiancing and they want one. Thanks

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We also have been asked to find out if there is and Affidavit of Affixture filed in our county for our home because we are applying for a home equity line of credit with our mortgage company. I would think if there is one the mortgage company would have a copy already and if there is not one already, why can the mortgage company get one? I do no think it means if you get an Affidavit of Affixture that means you cannot sell the home separately from the land.